Speeding ticket - Weird scenario
Discussion
Hi
I received a NIP for speeding last month. I have a few queries on what I should do next.
The NIP is in my name, whereas the car is registered in my sisters name. I do not drive the vehicle, nor am I insured to drive the vehicle.
The vehicle was purchased by my sister on the 7th November - date of offence is the 18th November
I received the NIP letter on the 16th December exactly 28 days from the date of offence
How should I approach this? By law, do I have to give the details of the driver? I'm not the registered keeper and never have been.
I received a NIP for speeding last month. I have a few queries on what I should do next.
The NIP is in my name, whereas the car is registered in my sisters name. I do not drive the vehicle, nor am I insured to drive the vehicle.
The vehicle was purchased by my sister on the 7th November - date of offence is the 18th November
I received the NIP letter on the 16th December exactly 28 days from the date of offence
How should I approach this? By law, do I have to give the details of the driver? I'm not the registered keeper and never have been.
My sister did not nominate me. I *think* it was the seller of the car. He had my full name from my email address as we exchanged correspondences.
I assume it took them that long to send the NIP because they contacted the previous owner.
Really strange as she had a seperate NIP just 2 weeks earlier and they had access to her details from DVLA (I guess) without contacting the previous owner. Im assuming this as it came within the 14 day timeframe
Edit - I filled in all the paperwork and definately put my sisters details on the V5. The log book is here in her name.
I assume it took them that long to send the NIP because they contacted the previous owner.
Really strange as she had a seperate NIP just 2 weeks earlier and they had access to her details from DVLA (I guess) without contacting the previous owner. Im assuming this as it came within the 14 day timeframe
Edit - I filled in all the paperwork and definately put my sisters details on the V5. The log book is here in her name.
Unless you actually know who the driver was at the time of the offence, the correct action is to state that you were not driving (and have never driven) the car in question, and that you don't know who was.
If you don't own it, don't live at the address it's registered to, and aren't insured on it, there's a very good chance it'll then bounce back to your sister for further information.
If you don't own it, don't live at the address it's registered to, and aren't insured on it, there's a very good chance it'll then bounce back to your sister for further information.
clio007 said:
By law, do I have to give the details of the driver? I'm not the registered keeper and never have been.
As a person other than keeper, you are obliged to provide any information which is in your power to give and which may lead to identification of the driver.Write back to the SCP, tell them what you do know and include your sister's details. Ensure your response is delivered within 28 days from when you received the notice.
In due course, your sister will receive a similar requirement to provide driver details.
Edited by SS2. on Monday 4th January 12:41
clio007 said:
I received a NIP for speeding last month.
You have 28 days from the date of service to respond to a S.172 notice - S.172(7)(a). You really should have begun to to deal with this much sooner - i.e. before the Christmas/New Year break as you're now rapidly running out of time.clio007 said:
The NIP is in my name, whereas the car is registered in my sisters name. I do not drive the vehicle, nor am I insured to drive the vehicle.
You now have just 9 days left to sort it. I would start by telephoning the issuing office (confirm in writing) to:a) inform them you are not the RK
b) ask them how they got your details as
c) you have never been the driver of the vehicle (the insurance angle is not relevant to a charge of speeding)
See what response, if any, you get. If you get none/they won't NFA it in time (very likely given the looming cut off date) you have to act or else risk 6 points and a fine.
The driver is very likely to have been your sister but as you have no proof it is arguable that the relevant details are not within your power to provide - Section 172(2)(b). However Section 172(4) requires you to perform due diligence so you must ask your sister whether she was the driver: and if not whether she knows who was. Then take it from there and make sure you return the S.172 before the deadline date.
SS2. said:
Monkeylegend said:
Looks like sis is in for 6 points then.
Why do you think that ?A lot of if's and but's, but....................
Red Devil said:
However Section 172(4) requires you to perform due diligence so you must ask your sister whether she was the driver: and if not whether she knows who was.
I disagree.s.172(4) (ie reasonable diligence) only applies to the person keeping the vehicle - the OP is a person other than keeper.
As such, he doesn't need to go on a fact finding mission, and he doesn't need to ask his sister anything - he simply needs to provide any information that is currently in his power to give and which may lead to identification of the driver.
Torquey said:
Retroman said:
then you send back the NIP with your sisters details nominating her.
Is that correct? Shouldn't he just confirm he was not driving it.What if his sister was not driving it either.
This is what he should tell them, as well as providing her contact details.
Thanks for the reponses guys.
My sister said she doesn’t remember taking that particular route to work, but it probably was her as the time matches the time she usually goes to work.
I just thought the NIP may not be enforceable as they sent it in my name. I did some googling and as I am not the registered keeper or owner - I could not be charged as the car has nothing to do with me.
I will give them a call later and confirm the situation. I have worked out why it’s in my name. I signed the receipt
My sister said she doesn’t remember taking that particular route to work, but it probably was her as the time matches the time she usually goes to work.
I just thought the NIP may not be enforceable as they sent it in my name. I did some googling and as I am not the registered keeper or owner - I could not be charged as the car has nothing to do with me.
I will give them a call later and confirm the situation. I have worked out why it’s in my name. I signed the receipt
clio007 said:
I just thought the NIP may not be enforceable as they sent it in my name. I did some googling and as I am not the registered keeper or owner - I could not be charged as the car has nothing to do with me.
That's completely wrong, I'm afraid. If you fail to respond, you could well end up with a trip to court, 6 points and associated fines & court costs.
SS2. said:
Red Devil said:
However Section 172(4) requires you to perform due diligence so you must ask your sister whether she was the driver: and if not whether she knows who was.
I disagree.s.172(4) (ie reasonable diligence) only applies to the person keeping the vehicle - the OP is a person other than keeper.
As such, he doesn't need to go on a fact finding mission, and he doesn't need to ask his sister anything - he simply needs to provide any information that is currently in his power to give and which may lead to identification of the driver.
You're right: S172(4) only applies to S.172(2)(a) not S.172(2)(b).
OP, you don't seem to have fully understood that hoping a S.172 notice will just go away is folly. SS2 is the man: please heed his advice.
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